Terms & Conditions of Business

1. Scope of this Agreement

1.1 This Agreement shall apply to any Client of DM.

1.2  In the absence of written confirmation, acceptance of the Quotation shall amount to acceptance by the Client of this Agreement.

1.3 This Agreement together with any documents referred to within them shall constitute the entire agreement between the parties.

2. Fees

2.1 DM shall use reasonable endeavors to accurately calculate the Fee, when providing the Quotation. DM reserves the right to increase the Fee at their sole discretion.

2.2 DM reserves the right to increase the Fee in the event that the information provided by the Client (as defined in clause 3.3) is incorrect and/or is amended following the Quotation.

2.3 In the event the Client requests a Pickup Time or Delivery Time outside of the hours of 06:00 and 18:00 for same day delivery, an uplift of 25% will be added to the Fee.

2.4 The Deposit is payable immediately upon Order. The Deposit is non-refundable.

2.5 The remainder of the Fee is payable immediately upon Delivery.

2.6 In respect late payment of the Fee, the Client agrees to pay DM interest on the amount overdue at the rate of 8% per annum (or the maximum amount permitted by law if less) accruing from the due date.

2.7 In the event that the Client cancels the Delivery less than 24 hours prior to the Pickup Time, DM shall be entitled to recover 100% of the Fee from the Client, unless otherwise agreed in writing.

2.8 In the event that an individual, with suitable authority to Accept Delivery of the item, is not readily available at the Pickup Location at the Pickup Time (or such other time as DM may reasonably determine), an uplift of 25% will be added to the Fee.

2.9 DM shall charge a set up fee of £7.99 for use of the Online Booking System. Said fee is payable immediately upon set-up.

2.10 DM shall charge a fee of £2.99 per user per calendar month for use of the Online Booking System.

3. Obligations of the Client

3.1 The Client undertakes to provide DM with timely instructions and replies to correspondence.

3.2 The Client undertakes to comply with any and all deadlines given by DM to allow for timely Delivery.

3.3 The Client acknowledges and understands that to allow for both a timely Delivery and accurate Quotation, they must provide DM with the following, accurate, information upon placing the Order:

3.3.1 Pickup Location,

3.3.2 Pickup Time,

3.3.3 Delivery Location,

3.3.4 Delivery Time,

3.3.5 The name and Contact Details for the individual who will Accept Delivery of the item,

3.3.6 An approximate value of the item requiring Delivery,

3.3.7 An accurate description of the item requiring delivery, including, but not limited to, the height, length, width, diameter and weight of the item.

3.4 The Client confirms that the description of the item requiring Delivery, given to DM is accurate and correct, to the best of the Client’s knowledge.

3.5 The Client confirms that the Pickup Location and Delivery Location are accurate and correct, to the best of the Client’s knowledge.

3.6 The Client undertakes that the item requiring Delivery will be readily available at the Pickup Location at the Pickup Time.

3.7 The Client undertakes that an individual, with suitable authority to Accept Delivery of the item, shall be readily available at the Pickup Location at the Pickup Time (or such other time as DM may reasonably determine).

3.8 The Client undertakes to pay the Deposit, the Fee, and any uplift and/or interest, in accordance with clause 2.

4. Rights and Obligations of DM

4.1 DM shall use reasonable endeavors to collect the item at the Pickup Location at the Pickup Time.

4.2 DM shall use reasonable endeavors to deliver the item to the Delivery Location at the Delivery Time.

4.3 DM has the right to open and inspect an item without notice for safety, security or other regulatory reasons. 

4.4 Items cannot be delivered to PO Boxes or postal codes. DM reserve the right to reject an item in such an event.

4.5 DM may notify the customer of an estimated Delivery Time or missed delivery. DM may, at their sole discretion, offer the Customer an alternative Delivery Time.

4.6 In the event of a Failed Delivery, DM may, at their sole discretion, pass to the Client any and all fees, expenses and costs incurred as a result.

4.7 DM reserve the right to immediately restrict access to the Online Booking System in the event of non-payment.

4.8 DM reserve the right to refuse delivery of a Prohibited Item.

5. Warranties

5.1 DM warrants to the Client that it has the full power and authority to enter into and perform this agreement.

5.2 The Client warrants and undertakes to DM that it/they have the full power and authority to enter into and perform this Agreement.

6. Confidentiality and Data Protection

6.1 Each party agrees to keep confidential the terms of this Agreement and all other information concerning the business or affairs of the other party. This obligation will not apply in the case of any disclosure required by law, or information which is already publicly available or in the possession of a party at the time of disclosure by the other (or as a result of a breach of any confidentiality obligation).

6.2 The Client agrees that it will not make any disclosure or public statement concerning the subject matter of this Agreement without DMs prior written approval.

6.3 The Client and DM will comply with all applicable data protection legislation, including GDPR.

7. Termination

7.1 The Client may terminate this Agreement at any stage prior to Delivery, subject to giving DM not less than 24 hours written notice.

7.2 DM may terminate this Agreement at any time and for any reason, subject to providing the Client with 24 hours written notice.

7.3 Either party may terminate this Agreement immediately by giving written notice to the other party if the other party commits any material breach of its obligations and/or warranties under this Agreement.

7.4 The termination of this Agreement shall be without prejudice to any rights of a party accrued before termination.

8. Liability

8.1 The Client agrees to defend, indemnify and hold harmless DM and its officers, directors, agents, affiliates and employees, at all times against all claims, proceedings, demands, damages, liabilities and costs (including reasonable legal fees) arising in connection with a breach of this Agreement by the Client.

8.2 Save for any liability that cannot be limited by law, DM’s liability to the Client will be limited to the amount of the Fee paid to DM by the Client and DM shall have no liability to the Client for any indirect losses.

8.3 Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded by law.

8.4 The parties hereby agree that the provisions of this clause 8 shall continue following the termination of this Agreement.

8.5 The Client irrevocably agrees that liability for any damage, destruction and/or theft of the item shall cease at the Delivery Time whether or not the item is successfully delivered.

9.  Notices

9.1 Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party

9.2  sent by email shall, unless the contrary is proved, be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

10. Force Majure

10.1 A party will not be liable for any failure or delay in performing its obligations under this Agreement to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party.

10.2 If by reason of force majure a party is unable to perform all or any part of its obligations under this Agreement for a continuous period of 20 working days, the other party may terminate this Agreement immediately by written notice.

11. Assignment

11.1 This Agreement is personal to and for the sole benefit of the Client and the Client shall not assign, transfer, sub-license, sub-distribute, mortgage, charge or in any other way dispose of any of its rights, interests or obligations under this Agreement to any person or organisation.

12. Law and Jurisdiction

12.1 Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

12.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

13. General

13.1 If any clause is held by a Court of competent jurisdiction to be illegal or unenforceable, that part will be severed from all other terms without affecting the validity or enforceability of all other provisions of these Terms and Conditions.

13.2 Nothing in this Agreement will be deemed to create a partnership or joint venture between the parties.

13.3 No failure or delay by any party in exercising its rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by either party of any right preclude any further exercise of any other right.

13.4 The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in the Agreement.

13.5 Each party agrees that it shall: (a) comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (“Relevant Requirements”); and maintain in place throughout the term of this agreement its own policies and procedures, including but not limited to adequate procedures to ensure compliance with the Relevant Requirements and will enforce them where appropriate.

13.6 Nothing in this agreement shall exclude or restrict either party’s liability for death or personal injury resulting from the negligence of that party or for any other liability which cannot be limited by law.

13.7 Any variation to this Agreement must be in writing and agreed by the parties.

13.8 DM may modify these Terms and Conditions at any time and without liability.

Definitions and Interpretation

In these Terms and Conditions, the following words shall have the following meanings unless the context dictates otherwise. 

“Accept Delivery” means an individual authorized by the Client to take the item at the Delivery Location. 

“Agreement” means these Terms and Conditions.

“Client” is the entity or person providing instructions to DM. 

“Delivery” means the taking of the item from the Pickup Location to the Delivery Location.

“Delivery Time” means an approximate time of delivery of the item at the Delivery Location.

“Delivery Location” means the nominated place of Delivery by the Client.

“Deposit” means 25% of the Fee.

“DM” means DM Courrier & Transport LTD (Company Number: 13694567) of 37 Garden House Estate Ryton, NE40 4PP 

“Failed Delivery” means the client has failed to provide an individual authorised to Accept Delivery at the Delivery Location at the Delivery Time

“Fee” means the price outlined in the Quotation.

“GDPR” has the meaning given to it in section 3(10) of the Data Protection Act 2018 (as supplemented by section 205 (4)).

“Online Booking System” means an electronic portal by which the Client may request a Quotation and/or book a Delivery.

“Order” means as defined in clause 3.3.

“Personal Data” has the meaning given in the GDPR. 

“Pickup Location” means the nominated place of collection of the item by the Client.

“Prohibited Item” as defined on this page.

“Pickup Time” means an approximate time of collection of the item at the Pickup Location.

“User Data” means Personal Data collected from end-users of the PMG Website (whether through the use of cookies, web beacons or any other technology).

“Quotation” means an estimation of the Fee.

“VAT” means Value Added Tax as defined in Section 1 Value Added Tax Act 1994.